James Madison Univeisty THURSDAY NOVEMBER 3,1991 VOL 69, NO. 21 Court upholds Stickler's conviction by Ian Record staff-writer The United Slates Supreme Court Monday upheld the conviction of Tommy David Stricklcr, who was found guilty of capital murder in the Jan. S, 1990 death of JMU sophomore Leann Whitlock. To uphold the conviction, the court refused to hear Stickler's appeal, ruling that Strickler had received a fair trial and proper sentencing. "I am not surprised by the Supreme Court's decision — I expected it," said Augusta County Commonwealth's Attorney A. Lee Ervin, who prosecuted Strickler. Assistant Attorney General H. Elizabeth Shaffer of-the Virginia Attorney General's Office said. The Supreme Court basically refused to hear his case because they couldn't find any questions of federal law that they felt they needed to review." Shaffer has handled Strickler's case since it was appealed to the Virginia Supreme Court last April. "I was relieved,"she said. "It was a good trial." Stickler's attorney, William Bobbin, Jr. of the Augusta County Public Defender's Office, is on vacation and could not be reached for comment Stickler, 25, of New Market, was convicted of PHOTO COURTESY OF THE DAILY NEWS RECORD capital murder by an Augusta County Circuit Court Strickler, center, was convicted of capital murder in June 1990 and sentenced to death. in June 1990 and sentenced to the death. He was also The U.S. Supreme Court refused to hear his appeal, and so upheld his conviction. convicted of abduction and robbery in connection with Whitlock's death and sentenced to life terms for years," Ervin said. "Obviously he will do anything cases," Ervin said. "His case is based on technical each. he can to prolong it None of this is unexpected.'' arguments." Stickler's highly-publicized conviction has been Shaffer said, "The process will take several years. Strickler now is expected to return to the state upheld by several courts in the early stages of a But if there aren't hearings in the state or federal system, appealing first to the Augusta County Circuit lengthy appeals process. courts, it could save some time." Court, according to Shaffer. "This process will probably take another 6 to 8 This process "is typical of all death penalty STRICKLER page 2 INSIDE Va. republicans win seats The Wilder Side Election takes GOP close to majority in state Senate A look at Virginia • Roanokc Sen. J. Granger Macfarlane, a close Governor L Douglas From staff reports Wilder's past, present Wilder ally, lost to Republican J. Brandon Bell II, a and future/7 Republicans scored large gains in state senate computer salesman who led an unsuccessful effort to races Tuesday, defeating seven Democratic senators merge Roanokc City and Roanokc County last year. Family Man and bringing the GOP close to control of the • In Virginia Beach, Republican lawyer Kenneth JMU women's soccer coach Dave Lombardo chamber where they have been in the minority for W. Stollc defeated Sen. Moody E. Stallings Jr., the has created a family atmosphere among his more than a century. area's leading gun control advocate. players that he hopes will one day help Sen. Kevin Miller of Harrisonburg • Democratic Sen. J. Jack bring a national title/22 was elected to a third term with 62 Election Kennedy of Norton was easily Give me your tired, your poor percent of the vote. Republican Miller '91 defeated by Republican Sen. William JMU's financial aid office and students pulled 17,364 votes in the 26th E. Wampler Jr., of Bristol. struggle to communicate/3 district over 10,822 votes for * Republican Thomas K. INDEX challenger Margaret Haynes. Normcnt Jr., chairman of the James "I think it's going to be an exciting City County Board of Supervisors, News 3 Entertainment 19 year and I'm looking forward to it. Miller said. "I Focus On 7 Sports 21 defeated Democratic Sen. William E. Fears of Opinion 12 Humor 29 want to get good responsible legislation passed . Accomack. Lifestyles 16 Classifieds 31 and play a leadership role in the Republican party." In other senate races: ELECTION page 2 2 • THE BREEZE THURSDAY, NOVEMBER 7, 1991 Strickler CONTINUED from page 1 The Virginia Supreme Court last April upheld "The wrinkle in this case was the idea of joint Strickler probably will claim he is being illegally Stickler's conviction, stating that Virginia's perpetrators," Shaffer said. "There now is absolutely detained by the state, Ervin said. The process will "triggcrman law" — which states that only the no question that there is a joint participant law first be reviewed by the state courts and federal person who does the actual killing can be convicted regarding [capital murder] in Virginia. courts, and again by the Supreme Court. of capital murder — did not apply in the murder of "The state no longer has to show which person "He will probably claim he is being illegally Whitlock. actually inflicted the fatal blow(s) but only has to detained because of prosecutorial misconduct or that Ronald Lee Henderson also was convicted of first- show both participants" had played an actual part in he had ineffective assistance of counsel," Shaffer degree murder, abduction and robbery in the case, the killing, Shaffer said. said. though he received only three life terms. And in his Whitlock was abducted from Valley Mall in Both Ervin and Shaffer agree the trial was handled appeal, Strickler claimed the court never proved that Harrisonburg on Jan. 5, 1990. Her body was appropriately. "I have tremendous confidence in the Strickler delivered the fatal blows. discovered eight days later about five miles north of way it was handled," Shaffer said. "I think the triggcrman issue has been expanded Waynesboro. She died from a fractured skull "I believe he was fairly tried," Ervin said. "I don't and clarified," Ervin said, referring to the Supreme suffered from three to four blows to the head from a know of any errors at all." Court's decision. 69-pound rock, according to trial testimony. Election CONTINUED from page 1 Ealey of Richmond, George H. Heilig Jr. of Norfolk, Bryn Mawr College president He began 40 points Alan A. Diamonstcin of Newport News, George W. behind in the polls but reinforced his message of • Democrat Johnny S. Joannou of Portsmouth lost Grayson and Henry W. Maxwell of Newport News. defending working families by advocating to Republican lawyer Frederick M. Quayle of nationwide health insurance, extended jobless Chesapeake. Republican incumbents winning re-election included M. Kirkland Cox of Colonial Heights, S. benefits and middle-income tax cuts. • Republican Del. Jane Woods of Fairfax Vance Wilkins Jr. of Amherst, Richard Fisher of Wofford's victory in this highly-publicized race is narrowly beat Sen. Emilie Miller, who had urged that Fairfax County, and Philip A. Hamilton of Newport seen as a positive sign for Democrats for the 1992 women be admitted to Virginia Military Institute. News. presidential election. "People are saying no to Bush • Republican Edgar S. Robb, a security analyst Voters overwhelmingly elected Republican Del. through Thornburgh," said Bob Barnetl, executive and former FBI agent, defeated Democratic Sen. director of the state Democratic Party, in yesterday's Thomas J. Michie Jr. of Albemarle, sponsor of edition of USA Today. Virginia's public smoking law. Both campaigns in this Senate race to replace the • Republican H. Russell Potts, a Winchester late GOP Senator John Heinz were filled with businessman, won an easy victory over Democrat Election Results negative accusations in hopes of "redefining" their Dennis Lee Hupp. Potts replaces fellow Republican '91 and opponents in the public eye. Thornburgh, for William Truban of Woodstock, the senate minority Reaction example, accused Wofford of involvement with the leader who is retiring. savings-and-loan scandal and to an Iran-contra arms • And Republican Warren E. Barry defeated his dealer. Democratic opponent Jim C. Tso for the 37th district in Fairfax County. Texas mayor race After serving five terms, incumbent mayor of Virginia House Races Houston Kathy Whitmire lost re-election in the battle Three Democrat and four Republican incumbents of her political life, forcing a runoff to be held later this month between non-partisan Bob Lanier and were defeated in the House of Delegates election, George Allen of Earlysville to fill the unexpired term state Republican Sylvester Turner. and the GOP performed well in races for open seats. of D. French Slaughter, who retired because of Republican challengers Robert E. Nelms of health reasons. Allen defeated Democrat Kay Lanier took an early lead but failed to receive half Suffolk, Robert F. McDonnell of Virginia Beach, Slaughter. the vote, causing the runoff. Turner is seeking to and Riley E. Ingram of Hopewell defeated become Houston's first black mayor. Democratic incumbents. Whitmire faced criticism for not reacting strongly Pennsylvania Also, Democrat R. Creigh Deeds of Bath County enough to crime problems. Her $1 billion monorail defeated his Republican incumbent. Among Incumbent Democratic Sen. Harris Wofford plan was attacked by those who thought the money Democratic incumbents winning re-election were defeated Republican and former U.S. Attorney should be used for more police. General Dick Thorn burgh in the race for the U.S. Glenn R. Croshaw of Virginia Beach, Jay W. ■ Senate with 60 percent of the vote. DeBoer of Petersburg, Leslie L. Byrne of Fairfax, Election coverage by: Lisa Crabbs. Julie Marian Van Landingham of Alexandria, Roland D. Wofford is a former aide to President Kennedy and Provenson. Andrea Talbot and Laurie Frankel. Clarification In response to an article in the Oct. 31 issue Ibtbepmsabne chequeredas it a with abuses, toe world u mdebtedfbr alltoe triumphs of The Breeze, R.